LAS CRUCES – Every day, federal prosecutors in southern New Mexico head to the copper-plated U.S. District Court to face the daily grind of criminal immigration cases that now make up a majority of federal prosecutions nationwide. The caseload has grown so large in New Mexico – with apprehensions of unauthorized immigrants more than doubling in two years after several years of decline – that U.S. Attorney Damon Martinez in June capped the number of nonviolent border crossers his office will prosecute at 150 a month. There are hundreds more who could be prosecuted each month but aren’t, according to law enforcement sources. Immigrant advocates question whether nonviolent offenders should be prosecuted at all. The U.S. Attorney’s Office cap applies to a specific offense known as a “1326a,” illegal re-entry, without complicating factors like drug trafficking or extensive criminal histories. Those nonviolent offenders typically receive “time served” at sentencing, which in New Mexico amounts to 30 to 45 days on average, thanks to a fast-track system that moves these offenders quickly from arrest to deportation. The lead investigative agency on illegal entry and re-entry is U.S. Customs and Border Patrol. Spokesman Ramiro Cordero confirmed that apprehensions at the New Mexico border, including immigrants who could be charged with felony illegal re-entry, are far outpacing prosecutions...more
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